Packiyam v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Packiyam, ... Petitioner/24th Accused Vs The State rep.by The Sub Inspector of Police, Jeyamangalam Police Station, Theni District. (Crime No.261 of 2023). ... Respondent/Complainant For Petitioner : M/s.Ramadass.P,

Advocate.

For Respondent : Mr.Rms.Sethuraman,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.261 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/ A24, who was arrested and remanded to judicial custody on

13.10.2023 for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 342, 302, 506(ii) IPC and 212 IPC, in Crime No.261 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that there was a dispute between the parties, with regard to the celebration of the temple festival and that A1 and A2 have attacked the deceased with deadly weapons along with other accused. Due to the injury, the deceased admitted in the hospital and subsequently, died. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 13.10.2023 and hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that there is no specific over tact attributed against this petitioner and that there is no previous pending against the petitioner. He would further submit that the investigation of the case is pending and hence, he strongly, objected to grant bail to the petitioner.

¶5Considering the nature of allegations made against the petitioner and that there is no specific over tact attributed against the petitioner and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

¶6Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Periyakulam, Theni District and on further conditions that:

(i) the petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.

(ii) the petitioner shall appear before the trial Court once in a month i.e., on first working day of every English Calender month at 10.30 am until further orders.

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 22/11/2023 / TRUE COPY / 22/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. trp TO

¶1The Judicial Magistrate, Periyakulam, Theni District

¶2Do through the Cheif Judicial Magistrate, Theni District

¶3The Superintendent, Central Prison For Women, Madurai.

¶4The Sub Inspector of Police, Jeyamangalam Police Station, Theni District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to M/S.RAMADASS.P Advocate SR.No.16668 ORDER IN CRL OP(MD) No.20997 of 2023 Date :22/11/2023 SSA/(22.11.2023)/ 5P/ 7C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.